Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointments (No. 1) 2023

Overview

The Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointments (No. 1) 2023 instrument, enacted on 27 July 2023, facilitates the appointment of members to the Advisory Board of the Australian Charities and Not-for-profits Commission (ACNC). This legislation was introduced by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, under the authority granted by subsection 140-5(1) of the Australian Charities and Not-for-profits Commission Act 2012. The primary objective of this notifiable instrument is to ensure that the ACNC Advisory Board is appropriately staffed with individuals who possess the necessary expertise and experience to guide the ACNC in its mission to regulate and support the charitable and not-for-profit sector in Australia. The appointments made under this instrument are intended to contribute to the effective functioning and governance of the ACNC, thereby supporting the broader policy objective of enhancing transparency, accountability, and trust in the charitable sector.

Scope and Application

The Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointments (No. 1) 2023I, issued under the authority of Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, pertains to the appointment of specific individuals to the Advisory Board of the Australian Charities and Not-for-profits Commission (ACNC). This instrument appoints Anna Bacik, David Crosbie, Ian Hamm, Sara Harrup, Rosina Loria, and Myles McGregor-Lowndes OAM, each on a part-time basis, with terms varying between two and three years, contingent upon the date of registration on the Federal Register of Legislation. The appointments are made pursuant to subsection 140-5(1) of the Australian Charities and Not-for-profits Commission Act 2012, signifying a Commonwealth legislative action. This instrument's scope is limited to these particular appointments and does not extend to broader regulatory functions or operational guidelines of the ACNC, nor does it address any exclusions or exemptions within the legislative framework of the ACNC Act.

Key Provisions

The Australian Charities and Not-for-profits Commission Advisory Board (Member) Appointments (No. 1) 2023 instrument, dated 27 July 2023, made under the Australian Charities and Not-for-profits Commission Act 2012, appoints several individuals to the Advisory Board. Specifically, section (a) appoints Anna Bacik, David Crosbie, Ian Hamm, Sara Harrup, and Rosina Loria as part-time members of the Advisory Board for a term of three years, commencing the day after the instrument's registration on the Federal Register of Legislation. Section (b) appoints Myles McGregor-Lowndes OAM as a part-time member for a shorter term of two years, also beginning on the registration date. These appointments are subject to certain obligations and requirements as stipulated by the Australian Charities and Not-for-profits Commission Act 2012. The appointed members are expected to provide guidance, advice, and oversight to the Commission in their respective capacities. This includes participating in meetings, contributing to discussions, and assisting in the development and review of policies and strategies pertinent to the regulation and support of charities and not-for-profit organisations within Australia. The part-time nature of these appointments means that while the members are committed to fulfilling their duties, they are not expected to be full-time employees of the Advisory Board. Failure to comply with the terms of these appointments, including neglecting duties or failing to participate as required, may lead to consequences as defined by the Australian Charities and Not-for-profits Commission Act 2012. While specific offences, penalties, or consequences are not detailed within the text of this notifiable instrument, general provisions of the Act may apply. These could include civil or criminal penalties for non-compliance with statutory requirements, and the potential for removal from the Advisory Board for serious breaches. The exact nature and severity of penalties would depend on the specific circumstances and the provisions of the overarching Act.